France Under Scrutiny for Allowing Netanyahu’s Plane to Cross Airspace Despite ICC Warrants

Watan-A French newspaper questioned whether France should have stopped the plane carrying Israeli Prime Minister Benjamin Netanyahu, who is wanted on charges of war crimes and crimes against humanity.

JURDI Demands Explanation from Macron Over Netanyahu’s Flight Through French Airspace

In response, the French Association for Respecting International Law (JURDI) sent an open letter to French President Emmanuel Macron, requesting an official explanation about allowing Netanyahu’s plane to pass through French airspace. The letter noted that France violated its obligations under the Rome Statute, which requires member states to cooperate fully with the ICC.

Benjamin Fiorini, the Secretary-General of JURDI, stated that “French airspace is not a safe passage for war criminals,” stressing that France has legal obligations that prevent it from allowing Netanyahu’s plane to pass, and it should have detained him under Article 86 of the Rome Statute.

The association also criticized what it described as French “double standards,” pointing out that France had previously condemned Mongolia for failing to detain Russian President Vladimir Putin in similar circumstances, while other European countries like Ireland, Iceland, and the Netherlands have taken a tougher stance on Netanyahu in compliance with their international commitments.

JURDI raised questions about whether France had given official permission for Netanyahu’s plane to cross its airspace, a procedure that requires high-level government approval.

International law expert Emmanuel Dood confirmed that a decision of this nature could not have been made without the knowledge of the French presidency and relevant ministries.

The newspaper also noted that in a similar incident in November, France allowed Netanyahu to travel to the U.S. through its territory, justifying it in an official statement by asserting that the Israeli Prime Minister had “immunity” due to the “historical relations” between France and Israel.

However, Fiorini rejected this justification, reminding that Article 27 of the Rome Statute clearly states that immunity does not exempt heads of state from prosecution, even if they do not recognize the court’s legitimacy.

France’s Inaction on Netanyahu Flight Raises ICC and International Law Concerns

The newspaper questioned whether this French inaction was sufficient grounds for an official move by the ICC in The Hague, especially considering a similar case in 2024 when Mongolia refused to hand over Putin, leading to international condemnation.

The report highlighted that some European countries, on the other hand, showed explicit commitment to international law. Netanyahu had to alter his flight path to avoid airspace over countries like Ireland, Iceland, and the Netherlands, which had explicitly stated they would intercept his plane if it entered their airspace.

Human rights activist Emmanuel Dood pointed out that the French position “undermines France’s credibility as a peace mediator,” sarcastically referring to the contradiction in Macron’s statements. While Macron called for lifting the blockade on Gaza in Egypt, his government allowed Netanyahu’s plane to pass over French territory.

This contradiction, according to observers, places France in a legally and morally awkward position and raises questions about its respect for international justice principles, especially after the ICC issued arrest warrants for Netanyahu and Defense Minister Yoav Gallant on November 21, 2024, for war crimes and crimes against humanity during Israeli military operations in Gaza.